Partly allowed

Dhanna Lal and Another v. Jagdish Saini and Others

Rajasthan HC1 Mar 2017CMA/3513/2016

Case brief

AI extract

What is this about?

An appeal against the award of the Motor Accident Claims Tribunal was disposed of on compromise. The court allowed enhancement of compensation to Rs. 2,00,000 to be deposited by the insurer within six weeks, failing which interest at 9% per annum shall apply.

What did the court decide?

Enhanced compensation of Rs. 2,00,000 directed to be deposited by the insurer with the Tribunal within six weeks, failing which interest at 9% p.a. to apply.

Dhanna Lal and Another Vs Jagdish Saini and Others — Motor Accident Claims | Rajasthan HC (2017)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B.Civil Miscellaneous Appeal No. 3513 / 2016

¶3

Dhanna Lal S/o Chhitar Mal Saini, by Caste Mali, Aged About 36 Years, R/o Dhani Bhagirathpura, Mohanpura, Tehsil Bassi, Police Thana Bassi, District Jaipur

¶4

Smt. Raju Saini W/o Dhanna Lal, Aged About 31 Years, R/o Dhani Bhagirathpura, Mohanpura, Tehsil Bassi, Police Thana Bassi, District Jaipur

¶5

----Appellants

¶6

Versus

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Jagdish Saini S/o Kalyan Sahai Saini, by Caste Saini, R/o Village Khejra Dhani Mohanpura, Tehsil Bassi, District Jaipur (Rajasthan) (Driver Tractor No. RJ-21-3R-7337)

¶8

Ganesh Saini S/o Kalyan Saini by Caste Saini, R/o H.No. 394 Chhopar Ki Dhani, Jaisinghpura Khor, Police Thana Brihmpuri, Jaipur (Owner Tractor No. RJ-21-3R-7337)

¶9

Regional Manager, HDFC ERGO General Insurance Company Limited, Upasana Tower, Ahinsa Circle, C-Scheme, Ashok Nagar, Jaipur (Insurer of Vehicle No. RJ-21-3R-7337)

¶10

----Respondents

¶11

For Appellant(s) : Mr. Deepak Goyal with Ms. Neelu Sharma. For Respondent(s) : Ms. Renu Goyal.

¶12

HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

¶13

Judgment

¶14

01/03/2017

¶15

This appeal has been filed against the impugned judgment and award passed by the Motor Accident Claims Tribunal for enhancement of the quantum of compensation.

¶16

Keeping in view the pious work of Lok Adalat, at this stage, the counsel for both the parties i.e. the claimant/s and the insurance company agree that this appeal may be disposed of on the basis of the compromise.

¶17

(2 of 2)

¶18

[CMA-3513/2016]

¶19

The learned counsel for the respondent/insurance company gave consent for enhancing the amount of the award i.e. Rs.2,00,000/- (rupees two lac only) in favour of claimants. This amount shall be in addition to the amount awarded by the learned Tribunal and the claimants-appellants are held entitled to get the aforesaid amount.

¶20

In view of above, this appeal is partly allowed and it is directed that the respondent-insurance company shall deposit the aforesaid enhanced amount with the learned Tribunal within a period of six weeks from the date of receipt of certified copy of this order and the same shall be disbursed to the claimant/s immediately. In case the amount is not paid to the claimant/s within the stipulated period of six weeks, the claimant/s shall be entitled to interest @ 9% per annum on the enhanced amount from the date of passing of this judgment. Rest of the terms under the award shall remain unchanged.

¶21

However, it is made clear that if there is any breach of insurance policy or violation of the terms of the policy, the respondent/insurance company shall be at liberty to move an application before the executing court for recovering the amount from the owner of the offending vehicle or he can move an application before this court for recalling of the order.

¶22

The impugned award stands modified, as indicated here-inabove.

¶23

(MAHESH CHANDRA SHARMA)J.

¶24

Manisha/-164

Dhanna Lal and Another v. Jagdish Saini and Others

Case brief

What is this about?

What did the court decide?

Dhanna Lal and Another v. Jagdish Saini and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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